Daniels v. Director of Corrections et al

Filing 58

ORDER Dismissing Defendants Lobretz and Richards, Nurse Lobretz and Richards terminated. Signed by Judge Ronald M. Whyte on 12/7/09. (jg, COURT STAFF) (Filed on 12/8/2009)

1 2 3 4 5 6 7 8 9 10 United States District Court For the Northern District of California 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 *E-FILED - 12/8/09*

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA GENE DANIELS, Plaintiff, v. M. S. EVANS, Warden, et al., Defendants. / No. C 08-3780 RMW (PR) ORDER DISMISSING DEFENDANTS LOBRETZ AND RICHARDS

Plaintiff, a state prisoner proceeding pro se, filed a civil rights complaint pursuant to 42 U.S.C. §1983. The court ordered service of plaintiff's amended complaint. In a court order dated August 26, 2009, the court advised plaintiff that it was his responsibility to provide the court with information necessary to identify defendants Lobretz and Richards. In that order, the court directed plaintiff to provide such information to effectuate service, or face dismissal of the unserved defendants within sixty days. See Fed. R. Civ. P. 4(m). More than sixty days have passed, and plaintiff has not provided the court with any further information for defendants Lobretz and Richards, nor has he demonstrated "good cause" for such failure. See Walker v. Sumner, 14 F.3d 1415, 1421-22 (9th Cir. 1994).

Order Dismissing Defendants Lobretz and Richards P:\PRO-SE\SJ.Rmw\CR.08\Daniels780.4mDismissal.wpd

1 2 3 4 5 6 7 8 9 10 United States District Court For the Northern District of California 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

Accordingly, defendants Lobretz and Richards are DISMISSED without prejudice. IT IS SO ORDERED.
12/ _ 09 DATED:_____7/__________

______________________________ RONALD M. WHYTE United States District Judge

Order Dismissing Defendants Lobretz and Richards P:\PRO-SE\SJ.Rmw\CR.08\Daniels780.4mDismissal.wpd

2